In an application before the Constitution Court filed on behalf of YALI on Monday 9th May 2016, YALI President, Andrew Ntewewe, has submitted before the Constitutional Court that should the Electoral Commission be allowed to proceed with its advertised decision to accept nominations from candidates to local government elections, the Commission will be in breach of the Constitution of Zambia, as amended.
According to Article 60 of the Constitution, political parties now have a limited right to sponsor candidates for nomination or elections to State Office, and councillors and Mayors are not State Officers.
Further, provisions of Article 153 of the Constitution have stopped the practice where if elected councillors resigns or cease to be members of political parties they may wish to belong to as members, they cannot vacate from office because they are elected without the sponsorship of any political party.
Both YALI and the two Lusaka – based layers who initiated the petition have told the Constitutional Court that they are not challenging the right of persons to belong to any political party of their choice but the right of parties to sponsor candidates for elections as councillors.
The matter will soon come up for hearing when the Constitutional Court sets the date of hearing.
I ve developd respect for YALI for being consistent on this matter. First they have not abandon the Constitution which came into being because of their tireless efforts, against all odds but now these guys seem to be moving in the direction of wanting State Institutions to abide by the Constitution and do what it right. Unfortunately, LAZ is still in shock over their failure to get its way and so are now watching the process
Good observation Chiluba.
Where were the educated when the draft was released? UPND you accused PF of being a failure because they could not release the constitution in good time. Is this the constitution you fought for? HE though miyanda came late you could have listened. The best way to go is to say sorry because we are all wrong in one way or the other. Some thought were doing right by keeping quiet during constitution making processes others like miyanda came late.
Big up to YALI. That is now walking the talk. Instead of just talking u taking practical steps to address these issues
Comment: @Alice 07.46 at2. Not true that I came in late. Do not twist or falsify my political recordor history. I hav been advocating for constitutionalism for years since multiparty era, via interviews, rallies, statements, argued papers. Examples: Debating the Debate 01.03.2001; engaging LAZ since Nov 2002 various issues including election date and chiefs; poaching MPs by Govt; paper on CRC Jul 03; defending DPP Mukelebai before removal by Pres Levy; Chief Justice wrangle; Open Letter to Legal Fraternity 21.07.2013; Right to Passport 6.10.13; Defending HRH Chitimukulu 1.12.13; correcting sidelining of Defence Chiefs 1.07.14; etc etc till now defending UPND cancelled rally 09.05.2016.chek yo facts bifo publishing. Godfrey Miyanda.
Comment: @Miyanda 3 at 08.08 this is Brg Gen Miyanda clarifying that I am not the Miyanda at 3. YALI condemned me for petitioning and advising Pres Lungu NOT to assent to the constitution with his eyes closed but he signed with so many lacunae. See the constitutional mess we r in now and see now YALI has joined others in petitioning! I filed my petition on 11 Apr 2016 challenging seveveral provisions. LOL. Consistent Brig Gen Godfrey Miyanda.
Gen. Miyanda, maybe you missing the point with YALI here. They are not saying no to the Constitution like you did but they are asking for intepretation of an article which is somehow very progressive of them. U need to iron out your issues with YALI because it appears they are the only ones who have stood out in providing direction. I think u people have things in common but problem with political leaders is u don’t want to a knowledge things when they come from young people.
@Cynthia 1.21 pm; apologies I did not see this. 1. Just to correct you, I never said no to the Constitution. The Daily Nation misled the public with their screaming headline “DONT ASSENT TO THE CONSTITUTION – GEN MIYANDA” My Petition to the President was type written and was titled “Ten reasons why the President must NOT sign the Constitution with eyes closed”. I encouraged him to read it but clearly he did not since there are so many issues there. YALI said he must not listen to me but go ahead and assent, but now they are in Court. Many people that time called me a time – waster. 2. I have no problem with young people or any other person; I enjoy an unemotional and intelligent discussion. In this regard I was NOT stopping YALI to do whatever they want to do but to respect the views…